1 GENERAL
1.1 Any such contract, and these terms and conditions, are governed by English law and any dispute shall be subject to the jurisdiction of the English Court. All contracts will be concluded in English.
1.2 These conditions govern our relationship with you. Any changes to these conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Lodge Limited and you are expected to do. You confirm that, in agreeing to accept the conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the conditions. Each provision of the conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
1.3 Whilst our website allows you to send your order information to us for processing, a contract between us will only exist once your order has been accepted and processed by us. These terms and conditions will apply exclusively to the contract between us (seller) and you (buyer).
Please note: When confirmation of order is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you an invoice. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently under-priced goods, or we are no longer able to supply a particular product for some reason. In the case of a change of price, we will always contact you first to ensure that the price is acceptable.

2 PRICES
2.1 All prices quoted are in pounds sterling (£), are exclusive of VAT and are accurate at the time of publication/posting.
2.2 If you are a resident of the European Union, 17.5% VAT will be added. If you are a non-EU resident, VAT will not be charged although you will bear responsibility for local import charges and taxes levied in your country of residence.

3 PAYMENT
3.1 We will require full payment of the total sale price on order at least two working days before delivery.
3.2 Unless otherwise agreed in writing, the Buyer shall pay for the goods pursuant to clause 3 before delivery or where a contract is designated by the seller as a credit sale, payment shall be made by the buyer not later than the thirtieth day from the end of the month of issue of the sellers invoice.
3.3 If any payment that is to be made hereunder by the buyer to the seller is overdue the seller reserves the right to charge interest at 1% above the Bank of England base rate on a daily basis until the sum due is paid. Furthermore, the seller may withhold any deliveries of goods due until arrangements as to payment have been established which are satisfactory to the seller.

4 AVAILABILITY AND DESCRIPTION OF GOODS
4.1 All goods are subject to availability. However, the seller will inform the buyer as soon as possible if the goods you have ordered are not available. While we try to ensure that the description of our goods (including the specifications and colour reproduction) are accurate, errors may occur. We are afraid we cannot accept any responsibility for any such error although if the goods do not meet your expectations, we are happy for the buyer to return the goods in accordance with our returns policy detailed below. We also do our best to keep the prices on our website correct and up to date; however, again, we are not always able to achieve this. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible and will give you the option of reconfirming your order at the correct price or cancelling it. If, for any reason, we are unable to contact you, we will treat the order as cancelled. In any event, if the order is cancelled and you have already paid (in full or in part) for the goods, we will automatically refund you for any payments made.

5 RISK AND PROPERTY
5.1 The risk in the goods shall pass to the buyer upon delivery of the goods to the buyer or any carrier acting on the buyer’s behalf. The seller shall notwithstanding 5.2 below, have no responsibility in respect of the safety of the goods thereafter. Accordingly the buyer should insure the goods against such risks (if any) the buyer thinks appropriate.
Notwithstanding delivery, the property in the goods shall remain in the seller until full payment is received for said goods and all others invoiced by and due to the seller. If such payment is overdue the seller may (without prejudice to any of his other rights) repossess the goods and is hereby granted a licence to enter the buyer’s premises to do so. Until payment for all goods is received in full, the buyer should hold the sellers goods in a fiduciary capacity and must not resell, convert or process the goods in any way.
5.2 In the event of the buyer passing a resolution or suffering an order of a court to be made for its winding up, or if a receiver shall be appointed, or if a petition for the appointment of an administrator shall be presented in respect of it, or being an individual or partnership shall suspend payment or propose to enter into any composition with creditors or become unable to pay its debts (or have no reasonable prospect of doing so) or suffer a bankruptcy order, then the seller may without prejudice to any other right rescind the contract, or suspend, or cancel delivery, or recover the possession of any goods for which payment in full has not been received.

6 DELIVERY
6.1 We will take all reasonable steps to meet the estimated timescales shown on site; however, occasionally, the availability of your goods may be delayed for reasons beyond our control (such as material shortages, import delays or higher than anticipated demand) so all delivery dates are estimates only and cannot be guaranteed and we cannot accept any liability for any direct or indirect loss or damage resulting from delivery outside of these estimated timescales.
6.2 Where (in very rare circumstances) we are unable to deliver the goods within 30 days of the delivery date you arranged with us, you may cancel your order. We undertake to notify you within order placement of it is your responsibility to provide reasonable, safe and proximate access to the delivery address (the "Premises") for the delivery personnel and their vehicle, failing which we reserve the right to charge you for any additional costs including related storage costs incurred in effecting delivery. Lodge Limited will not be held responsible for furniture items not fitting through doorways or into the allocated rooms unless we have been informed in advance about restricted internal access. It is the duty of the purchaser to inform us of any access restrictions such as limited doorway space, low ceilings or any other unusual build feature. We will not be held liable for any costs incurred through late delivery providing that we have informed the buyer in advance of any changes which may occur with delivery of furniture packages. It is the buyers’ responsibility to sufficient lead times to prevent any loss or disappointment resulting from non shipment.
6.3 The seller will give the buyer at least two working days notice of the time and manner in which he proposes to deliver the goods. Deliveries can only be made to one address for each purchase made.
6.4 We deliver to mainland UK only. (Deliveries outside of Mainland UK may be made under express agreement)
Unless otherwise agreed delivery costs are inclusive to the purchase price of any goods.

7 PERFORMANCE
7.1 The goods supplied hereunder are warranted to accord with the specification set out herein or, if there is no such specification, to be within normal limits of industrial quality (more than 4% defective). All other warranties or conditions as to quality or description (statutory or otherwise) are excluded except in so far as such exclusion is prevented by law. Buyer shall forthwith after delivery of the goods notify seller of any defects in the goods which are reasonably apparent on delivery to enable the complaint to be investigated before the remainder of the consignment is used or returned. If any goods do not conform to this warranty the seller will at its option:-
Replace goods found not to conform to the warranty.
Take such steps as the seller deems necessary to bring the goods into a state where they are free from such defects
Take back the goods found not to conform to the warranty and refund the appropriate part of the purchase price.
Provided that the liability of the seller shall in no event exceed the purchase price of the goods. Performance of any one of the above options shall constitute an entire discharge of the sellers’ liability under warranty.
7.2 Any recommendation or suggestion relating to the use of the goods made by the seller either in technical literature or in response to specific enquires or otherwise is given in good faith but it is for the buyer to satisfy himself of the suitability of goods for any particular purpose. Accordingly, the seller gives no warranty as to fitness of the goods for any particular purpose and any implied warranty or condition (statutory or otherwise) is excluded except in so far as such exclusion is prevented by law.
7.3 The seller shall be under no liability for any loss or damage (either, direct, indirect or consequential) howsoever arising which may be suffered by the buyer.
7.4 In the event that, notwithstanding the foregoing provisions of this clause 7, the seller is found liable for any loss or damage suffered by the buyer, that liability shall in no event exceed the purchase price of the goods.
7.5 We cannot accept liability for items that go missing after delivery. Lodge Limited require the buyer or their nominated agent to inspect all work carried out; failure to do this within a reasonable time would be considered as the buyer has accepted and approved all work
We make every effort to ensure that goods arrive in a good condition. However, in the event of goods being faulty or damaged, please contact us on 0845 257 0254 or by email to customercare@lodge.co.uk.

8 DEFECTS / DAMAGED ITEMS.
8.1 The buyer shall have no claim in respect of any breach of the warranty in clause 7 which should have been apparent on a reasonable visual examination of the goods or respect of the fact the goods delivered are of the wrong description unless the conditions set out herein clause 8 are satisfied.
8.2 The conditions before referred to are that:
The receipt for the goods is qualified by a remark to that effect, and
The claim is made upon the seller in writing within one day of delivery in the case of damage or three days of delivery in the case of shortages.
8.3 Any queries on invoices should be raised in writing within 14 days of delivery.
8.4 In any event the buyer shall be treated as having accepted any consignment of goods if it retains them for longer that one month after their delivery.

9 CANCELLATION
9.1 Contracts are not subject to cancellation without the sellers’ written consent. Where cancellation is accepted the seller reserves the right to charge the client for any costs incurred in connection with the contract.

10 INDEMNITY
10.1 You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

11 FORCE MAJEURE
Our performance of any part of a contract with you is subject to variation or cancellation and the grant of an extension of time from any cause arising from an act of God, war, strikes, lock-outs, flood, drought or other cause of any nature whatsoever beyond our control or owing to inability and time to procure materials, labour or any articles at all and you agree to accept increased prices for the products due to any of the aforesaid reasons. In all circumstances time is not of the essence of the contract.

12 OUR WEBSITE/COPYRIGHT
12.1 If you are purchasing goods via our website, we would draw your attention to our Terms of Use and Privacy Policy and any other legal notices on this website relating to your use of this site, all of which are deemed to be incorporated into these terms and conditions

13 HEADINGS
13.1 The headings to the clause of this agreement shall not affect the construction of the agreement.